POONAM SRIVASTAV,J. - (1.) HEARD Sri Arvind Kumar Srivastava, learned counsel for petitioner and Sri Manish Kumar Nigam, counsel for contesting respondents.
(2.) PETITIONER preferred a release application under Section 21 (1) (a) of U.P. Act No.XIII of 1972 (hereinafter referred to as the Act) for release of an area shown in the application as A, B, C, and D measuring 18 x 18 feet situated in Mohalla Parhpur, Gorakhpur (hereinafter referred to as disputed accommodation). The need of petitioner set up in the release application was for establishing a chamber for his son. This fact was supported by an affidavit by son himself to substantiate that he requires a separate independent chamber for conducting his professional work. The disputed accommodation was initially let out to one Lalta Prasad Shukla at rent of Rs.150/- per month, which was increased by 10% every five years. The original tenant expired in December, 1996. Subsequent to his death, Shri Shyam Sunder Shukla and Shri Shyam Karan @ Shyam Narayan Shukla stepped in their father's shoe and premises continued to be in their tenancy. Release application was filed to fulfill requirement of son of landlord, which was numbered as P.A. Case No.20 of 2002, Om Prakash Gupta Vs. Shri Shyam Karan @ Shyam Narayan Shukla and others.
(3.) LANDLORD claimed that original tenant, Lalta Prasad Shukla, used to occasionally open shop and conduct business and after his death, elder son respondent no.1 who is working in bank, used to sit sometime and another son carried as an agent of post office. Stand was taken by the landlord that the disputed accommodation is not put to regular use and can very well be released. In fact, original release application was filed against Hari Prasad Verma as well, who was arrayed as opposite party no.3 in the release application. He had jewellery business, which was running on loss, therefore, he started selling lottery tickets after closing his jewellery business. It was further claimed by landlord that opposite party no.3 has another shop in the main Sarafa market, Urdu Bazar, therefore, he had no requirement. He is not a party in the present petition.;